COLVERT v. INDUSTRIAL COMMISSION

No. 1 CA-IC 822.

21 Ariz. App. 409 (1974)

520 P.2d 322

Gary L. COLVERT, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Grant Road Lumber Company, Respondent Employer, Home Insurance Company, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied May 7, 1974.

Rehearing Denied April 9, 1974.


Attorney(s) appearing for the Case

Davis & Eppstein, by Dale D. Tretschok, Tucson, for petitioner.

Everett, Bury & Moeller, P.C., by J. Michael Moeller, Tucson, for respondents.

William C. Wahl, Jr., Chief Counsel, The Industrial Commission of Arizona, Phoenix, for The Industrial Commission of Arizona.


OPINION

JACOBSON, Chief Judge, Division 1.

This review of an award of the Industrial Commission raises the issue of whether the "aggressor rule" when used in the context of employee fights is a defense to compensability for injuries arising from such fights.

The facts pertinent to this case are as follows: Petitioner, Gary L. Colvert, was employed by respondent, Grant Road Lumber Company on July 9, 1971. Five days later petitioner and other workers...

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